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Accused of sexual assault. What to do

If an allegation of sexual assault has been made against you, the allegation will have a devastating effect upon you and your family. It will be a difficult and distressing situation to deal with, especially if the allegation is untrue. The  facts of a sexual assault allegation will always be personal in nature and may be complex in detail, they can have long lasting consequences not only for you but also for your family.

Free Initial Telephone Options Appointment 

We provide a free initial telephone options appointment to see how we can assist in your circumstances. Please call 0330 333 2613 for a no obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call you back.


What should I do if I am accused of a sexual assault?

There is no time limit placed on an accuser to make an allegation of sexual assault, although most allegations of this nature are made near to the time of the alleged assault, some allegations are made after a short period of reflection and some allegations are made after a considerable period of time has elapsed, the latter are known as historical sexual offences. Once informed of an allegation of a sexual nature, regardless of when the offence took place, the police will always take the allegation seriously and are obliged to investigate thoroughly.

Once the allegation has been made, irrespective of when the sexual assault is said to have taken place,  the police will seek to obtain evidence of the offence, this is done by a video interview with the complainant and if the allegation relates to a recent assault, samples will be obtained. If you are aware of the allegation, under no circumstances should you make contact with the complainant.

The police, upon receiving the complaint may seek to arrest you without notice. Should you be arrested, you are entitled to be represented by a solicitor at the police station, under no circumstances should you agree to be interviewed without legal representation.

In some circumstances the police may wish to speak to you on a voluntary basis, again the first step is to contact a criminal defence solicitor who can open the lines of communication with the officer and arrange a mutually convenient time to attend the police station for the interview to take place.

Obtaining expert legal advice quickly is important because a solicitor can give you the support and guidance that you will require at this difficult time. All advice at the police station is free and confidential.

We at Elliot Mather LLP represent clients who have been accused of sexual assault. We act in a professional, confidential and diligent manner, we do everything in our professional ability to secure the best possible outcome in all cases. If you have been accused of a sexual offence, contact us to see how we can assist


Why do I need a solicitor?


A criminal defence solicitor is used to dealing with the police and other agencies in offences such as these. A solicitor will be able to open up lines of communication with the officer in the case and obtain details of the facts as related by the complainant, once that information has been obtained, a solicitor will be able to relay this information to you so that you are aware of the substance of the allegation prior to the interview being conducted. The advantage of instructing a solicitor is that you will have the benefit of disclosure and will not be taken by surprise during the interview, there is no such duty of disclosure if you decide to be interviewed unrepresented.

The nature of the allegation means that the investigation will be thorough and all aspects of the allegation will be explored by the police, this means there could be a considerable delay before a disposal is sought. We at Elliot Mather LLP will continue to be proactive. We will continue to engage with you and liaise with the police and CPS. If further information comes to light that we can present on your behalf that will support your case, we will do so at the earliest opportunity.

If you have children, or if you live with a partner who has children, the police will inform Social Services. This is normal procedure and they will wish to speak to you and your family, this will be done outside of the police station and our expert child care solicitors will be able to assist with issues that arise in respect of the children.

How we can help

At Elliot Mather, our dedicated Criminal Defence team offer friendly and professional advice with continuity of representation throughout your case.

The level of help you would like from us is entirely up to you. Our team members are all experienced in advising individuals on their specific circumstances

Location 

Our Solicitors are able to provide expert advice across the country with a network of offices based in: Chesterfield, Nottingham, Mansfield and Derby.

How to get in contact 

Our team are on hand to help you and can assist wherever you are based. Please call us for a no-obligation, initial discussion on 0330 333 2613 or email enquiries@elliotmather.co.uk and we will call or email you back.

How to make contact out of hours 

We have emergency contact numbers for individuals who require police station representation outside of our office hours.

If you require assistance from one of our criminal defence solicitors when out of our normal office hours, it is vital that you call us on:

  • Chesterfield: 07717802850
  • Derby: 07776240152
  • Mansfield: 07741592301
  • Nottinghamshire: 07741592301


Elliot Mather LLP is a Limited Liability Partnership, registered in England and Wales under registration number  462052

Our services are regulated by the Solicitor Regulation Authority

staffMember

Steve Brint

LLP Member

Steve entered the legal profession after completing a varied and interesting Military Career. He  obtained his law degree from Nottingham Trent University in and his Legal Practice Course at De Montford University in Leicester, having undertaken both qualifications through part time study whilst working full time as a Crown Court Clerk and Police Station representative.

Steve joined Elliot Mather LLP in 2003 and became a Partner in 2016. During his time with the Firm Steve has built up a strong and loyal following in Chesterfield and surrounding areas. He is a longstanding Member of the local duty solicitor schemes at both the Court and Police Station.

He has extensive experience of representing clients in the police station and Magistrates Court. He has dealt with all types of matters but has a particular expertise in Youth Court matters including successfully defending applications for Criminal Behaviour Orders and Football banning orders.

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Registered Office: St. Mary's Court, St. Mary's Gate, Chesterfield, Derbyshire, England, S41 7TD

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Authorised and regulated by The Solicitors' Regulation Authority. To view code of conduct visit www.sra.org.uk/code-of-conduct.page